The High Court considered whether a slump sale under the BTA ...

Slump sale not taxable under MVAT Act. Reviewing authority exceeded jurisdiction. Impugned order illegal.

Case Laws     VAT and Sales Tax

June 13, 2024

The High Court considered whether a slump sale under the BTA would be taxable as a sale of goods u/s the MVAT Act. The reviewing authority exceeded its jurisdiction by dissecting the BTA and copying reasoning from a service tax demand notice. The intangible assets in Schedule 3.3 of the BTA could not be considered as sale of goods, and taxing them was a flawed approach. The reviewing authority misinterpreted the BTA and the MVAT Act, leading to an illegal order. The Court held that the slump sale did not amount to sale of goods u/s the MVAT Act, and set aside the impugned order. The petition was allowed.

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